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Contracts Keyed to Farnsworth
Sun Printing and Publishing Association v. Remington Paper and Power Co.
Citation:
139 N.E. 470 (1923)Facts
Sun Printing and Publishing Association contracted with Remington Paper and Power Company to purchase 16,000 tons of newsprint paper, to be delivered at a rate of 1,000 tons per month from September 1919 through December 1920. The contract specified prices for the first four months (September through December 1919), and provided that for the remaining period, “the price of the paper and length of terms for which such price shall apply shall be agreed upon” 15 days prior to the expiration of each pricing period. The contract stipulated that the price would not exceed the “contract price for newsprint charged by the Canadian Export Paper Company to the large consumers.” After fulfilling the deliveries for the first four months, Remington refused to deliver any more paper, claiming the contract was imperfect. Sun Printing demanded delivery at the Canadian Export Paper Company’s price, but Remington maintained that without agreement on both price and duration of the pricing term, there was no enforceable contract.
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